Forrest v. Kansas Dept. of Revenue

Malone, J.:

*626 For the second time, the Kansas Department of Revenue (KDR) appeals the district court's decision to set aside the administrative suspension of James Forrest's driver's license based on a breath test failure. In the first appeal, this court reversed the district court because it incorrectly placed the burden on the KDR and it improperly disregarded Forrest's preliminary breath test (PBT) refusal. On remand, the district court corrected these errors but still found that the arresting officer lacked reasonable grounds to request that Forrest submit to testing. Although these errors…